Call to Order and Roll Call
The April meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, April 11, 2012, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Joe Bowen, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Joe Bowen, Co-Chair; Senators Alice Forgy Kerr, and Joey Pendleton; Representatives Danny Ford, and Jimmie Lee.
Guests: Devon Hankins, Janine Shackelford, David Gordon, Department of Revenue; Richard Carroll, Board of Accountancy; Patricia G. Farris, Denise Payne Wade, Kentucky Real Estate Commission; Anne Olson, Michael West Board of Speech-Language Pathology and Audiology; Jonathan Buckley, David Cox, State Board of Licensure for Professional Engineers and Land Surveyors; Becky Klusch, Board of Physical Therapy; Jim Grawe, Margaret Hazelett, Board of Social Work; Timothy Owens, Michael West, Board of Interpreters for the Deaf and Hard of Hearing; Cheryl Turner, Michael West; Board for Massage Therapy; Mark Brengelman, Sienna Newman, Board of Prosthetics, Orthotics, and Pedorthics; David W. Hise, Mark Mangeot, Karen Waldrop, Department of Fish and Wildlife; DJ Wasson, Department of Insurance; Anetria Connell, Shaun T. Orne Department of Financial Institutions; Richard Bartlett, and Charles Kendell; Department for Public Health.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Betsy Cupp, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Wednesday, April 11, 2012, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:010. General Administrative Forms Manual. Janine Shackelford, branch manager, and David Gordon, executive director, Property Tax, represented the department.
In response to a question by Co-Chair Bowen, Ms. Shackelford stated that these administrative regulations simplified forms and made them more user friendly.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the filed proposed administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:030. Property and Severance Forms Manual.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 3 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the filed proposed administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Accountancy: Board
201 KAR 1:081. Initial firm license, renewal, and reinstatement. Richard Carroll, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a conforming amendment to correct an inconsistency between the currently effective administrative regulation and the filed proposed administrative regulation; and (2) to amend Sections 1, 3, 5, 7, 8 through 11, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Real Estate Commission: Commission
201 KAR 11:225 & E. License renewal, annual requirements and change request procedures. Denise Payne Wade, acting general counsel, represented the commission.
In response to a question by Representative Lee, Ms. Wade stated that it was imperative that the commission file this administrative regulation on an emergency basis because the renewal deadline date would otherwise not be in effect when the deadline arrived.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to make a technical correction; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (3) to amend Sections 2 and 4 to clarify provisions; and (4) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Speech-Language Pathology and Audiology: Board
201 KAR 17:011. Requirements for interim licensure as a speech language pathologist. Anne Olson, chair, and Michael West, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to correct the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:012. Requirements for licensure.
A motion was made and seconded to approve the following amendment: to amend Section 2 to correct the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 17:032. Requirements for interim licensure as an audiologist.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to correct the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:034. Requirements for licensure as a Speech-Language Pathology Assistant.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; (2) to amend Section 2 to comply with the formatting requirements of KRS Chapter 13A; and (3) to amend Section 4 to correct the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 17:036. Requirements for licensure for an Audiologist.
A motion was made and seconded to approve the following amendment: to amend Section 2 to correct the edition date of the form incorporated by reference. Without objection, and with agreement of the agency, the amendment was approved.
Board of Licensure for Professional Engineers and Land Surveyors: Board
201 KAR 18:040. Fees. Jonathan Buckley, general counsel, and David Cox, executive director, represented the board.
In response to a question by Senator Pendleton, Mr. Cox stated that this administrative regulation did not raise fees. It eliminated an examination that was no longer administered.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to delete Section 6, Material Incorporated by Reference, because the material is cross referenced in a forms administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:045. Continued competency requirements and procedures. Mark Brengelman, assistant attorney general, and Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 2 to make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation filed by the agency; and (4) to amend Section 3 to revise a form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Social Work: Board
201 KAR 23:130. Definition of non-profit field service office. Jim Grawe, assistant attorney general, and Margaret Hazlette, executive director, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend the TITLE and Sections 1 and 2 of this administrative regulation to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Interpreters for the Deaf and Hard of Hearing: Board
201 KAR 39:001. Definitions. Timothy Owens, chair, and Michael West, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:030. Application; qualifications for licensure; and certification levels.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 3 to make a conforming amendment to correct an inconsistency between the currently effective administrative regulation and the filed proposed administrative regulation; and (3) to amend Section 1 to change one (1) of the proof of certification requirements to relate to those applying on or prior to July 1, 2013, instead of July 1, 2014. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:040. Fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1, 2, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:050. Renewal of licenses, extension of temporary licenses and reinstatement.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 2 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to amend Sections 3 and 4 to make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the filed proposed administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:060. Reinstatement of license subject to disciplinary action.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:070. Application and qualifications for temporary licensure.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 39:080. Reciprocity.
A motion was made and seconded to approve the following amendment: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 39:090. Continuing education requirements.
201 KAR 39:100. Complaint procedure.
A motion was made and seconded to approve the following amendment: to amend Section 1 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 39:120. Code of ethics.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Massage Therapy: Board
201 KAR 42:040. Renewal. Cheryl Turner, chair, and Michael West, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the STATUTORY AUTHORITY paragraph and Sections 1, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Board of Prosthetics, Orthotics, and Pedorthics: Board
201 KAR 44:060. Continuing education requirements and procedures. Mark Brengelman, assistant attorney general, and Sienna Newman, chair, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 2 to make a conforming amendment to correct an inconsistency between the currently effective administrative regulation and the proposed administrative regulation filed by the agency; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT to make corrections. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:070. Complaint process and disciplinary action procedure.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend the TITLE and Sections 1 through 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT and the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 44:080. Renewals.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 5 to revise material incorporated by reference; and (6) to revise the FISCAL NOTE ON STATE OR LOCAL GOVERNMENT and the SUMMARY OF MATERIAL INCORPORATED BY REFERENCE to make corrections. Without objection, and with agreement of the agency, the amendments were approved.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:058. Methods for taking turtles. David W. Hise, counsel; Mark Mangeot, legislative liaison; and Karen Waldrop, director, Wildlife Division, represented the department.
In response to questions by Senator Pendleton, Ms. Waldrop stated that this administrative regulation established requirements for taking snapping and softshell turtles. There were morphological differences between snapping and softshell turtles.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) add “smooth softshell turtle” and “spiny softshell turtle” to the types of turtles that may be taken; and (2) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PUBLIC PROTECTION CABINET: Department of Insurance: Consumer Protection Division: Administration
806 KAR 2:095. Accounting and reporting requirements for collecting local government premium tax. D. J. Wasson, staff assistant, represented the division.
In response to a question by Co-Chair Bowen, Ms. Wasson stated that each insurance company already filed an annual reconciliation, even if a local government premium tax was not due. This administrative regulation clarified existing procedures.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 1 through 3 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the filed proposed administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
Department of Financial Institutions: Securities Division: Securities
808 KAR 10:400. Examination fees and criteria. Anetria Connell, attorney, and Shaun T. Orne, assistant general counsel, represented the division.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and the NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 1 and 2 to make conforming amendments to correct inconsistencies between the currently effective administrative regulation and the proposed administrative regulation as filed by the agency. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Epidemiology and Health Planning: Trauma System
902 KAR 28:010. Definitions for 902 KAR Chapter 28. Richard Bartlett, emergency preparedness specialist, and Charles Kendell, chief of staff, represented the division.
In response to a question by Co-Chair Bowen, Mr. Kendell stated that these administrative regulations did not relate to the Certificate of Need process. This was a voluntary program for hospitals that wanted to be designated as trauma centers.
Representative Lee stated that a trauma center designation would increase the reimbursement rates for indigent care to 100 percent of the costs of that care.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 28:020. Kentucky Trauma System Designation Process.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 6 to: (a) specify that the criteria for a facility seeking designation as a Level I, II, or III trauma center is established by the American College of Surgeons Verification Review Committee; (b) specify the application forms that shall be completed by a facility seeking designation; and (c) incorporate those items by reference; and (2) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 28:030. Kentucky's Trauma System Level IV Criteria.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 through 6, and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 28:040. Kentucky's Trauma System Registry.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to create a new Section 3 to incorporate by reference the national trauma data standards established by the National Trauma Data Bank. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 28:050. Kentucky's Trauma System Appeals Process.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to specify: (a) when an appeal may be filed; and (b) that each appeal shall be conducted in accordance with KRS Chapter 13B; and (2) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
902 KAR 28:060. Kentucky Trauma System fees.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; and (2) to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the May 8, 2012, meeting of the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications.
KHEAA Grant Programs
11 KAR 5:145. CAP grant award determinations procedure.
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:102. Classified leave administrative regulations.
101 KAR 2:140. Workers' Compensation Fund and Program.
Personnel Cabinet, Unclassified
101 KAR 3:015. Leave administrative regulations for the unclassified service.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers. David W. Hise, counsel; Mark Mangeot, legislative liaison; and Karen Waldrop, director, Wildlife Division, represented the department.
In response to a question by Senator Pendleton, Dr. Waldrop stated that this administrative regulation lengthened the raccoon season, increased the bag limit for river otter, and extended the bobcat winter season by shifting the total season.
Subcommittee staff stated that the raccoon season remained a contentious issue and that the department considered deferral.
Mr. Mangeot stated that the raccoon season was the primary item of concern, but a deferral that delayed the effective date of this administrative regulation would negatively impact provisions pertaining to all three (3) furbearing species in this administrative regulation.
In response to a question by Co-Chair Bowen, Dr. Waldrop stated that deferral of this administrative regulation, with the purpose of further amendment, would delay the process because changes to this administrative regulation needed to go before all stakeholders for consideration. The delay would affect the bag limit increase for river otter and the bobcat season changes, as well as the raccoon season, to the detriment of sportsmen. The department preferred to allow this administrative regulation to continue through the amendment process and would consider revision of the raccoon season in a future amendment. The department would defer if necessary, but preferred not to defer.
Senator Pendleton stated that he preferred not to delay this administrative regulation regarding the raccoon issue because it would affect the bobcat season. Bobcats caused significant property damage, and the change to the season was very important for bobcat control.
In response to a statement by Representative Ford, Senator Pendleton stated that he was unaware that a commitment to defer consideration of this administrative regulation had been made. He emphasized that it was important that the Subcommittee and the agency honor a prior commitment, but it would be unfortunate if this administrative regulation was deferred again from the upcoming May agenda.
In response to a question by Representative Lee, Dr. Waldrop stated that the bag limit for bobcats was five (5) because this was a federally regulated species. Each bobcat taken was required to be tagged. Species verification was required before taking a bobcat, and a special cities tag was required to sell the fur.
Co-Chair Bowen asked the department to defer consideration of this administrative regulation to the May meeting of the Subcommittee. Dr. Waldrop agreed to deferral.
JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: General Training Provision
503 KAR 3:070. Telecommunications (Public Safety Dispatch Non-CJIS) Academy.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Division
601 KAR 1:018. Special overweight or overdimensional motor vehicle load permits.
601 KAR 1:019. Overweight or overdimensional farm equipment.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Board of Education: Department of Education: Kindergartens and Nursery Schools
704 KAR 5:070. Common Kindergarten entry screener.
The Subcommittee adjourned at 1:55 p.m. until May 8, 2012.